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10 U.S.C. § 1790 — Military personnel citizenship processing

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1790 — Military personnel citizenship processing

Using funds provided for operation and maintenance and notwithstanding [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2215&num=0&edition=prelim), the Secretary of Defense may reimburse the Secretary of Homeland Security for costs associated with the processing and adjudication by the United States Citizenship and Immigration Services (USCIS) of applications for naturalization described in sections 328(b)(4) and 329(b)(4) of the Immigration and Nationality Act ([8 U.S.C. 1439(b)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1439/b/4&num=0&edition=prelim) and 1440(b)(4)). Such reimbursements shall be deposited and remain available as provided by subsections (m) and (n) of section 286 of such Act ([8 U.S.C. 1356](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356&num=0&edition=prelim)). Such reimbursements shall be based on actual costs incurred by USCIS for processing applications for naturalization, and shall not exceed $7,500,000 per fiscal year.

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Source location: Title 10, Chapter 88, § 1790; chapter-088-military-family-programs-and-military-child-care.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2215 — Transfer of funds to other departments and agencies: limitation

Funds available for military functions of the Department of Defense may not be made available to any other department or agency of the Federal Government pursuant to a provision of law enacted after November 29, 1989, unless, not less than 30 days before such funds are made available to such other department or agency, the Secretary of Defense submits to the congressional defense committees a certification that making those funds available to such other department or agency is in the national security interest of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1356 — Disposition of moneys collected under the provisions of this subchapter

**(a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations** All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in [section 1223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223/b&num=0&edition=prelim) paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred. **(b) Purchase of evidence** Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service. **(c) Fees and administrative fines and penalties; exception** Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1351&num=0&edition=prelim), shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively. **(d) Schedule of fees** In addition to any other fee authorized by law, the

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1790 — Military personnel citizenship processing

Page 1615 TITLE 10—ARMED FORCES § 1791 in an active status and their immediate family mem- bers,’’ and inserted ‘‘, or to support the resiliency, sui- cide prevention, or holistic wellness of such covered in- dividual’’ after ‘‘structure’’. Subsec. (b). Pub. L. 117–263, § 571(a)(2), substituted ‘‘a covered individual’’ for ‘‘members of the armed forces and their family members’’, ‘‘a program’’ for ‘‘pro- grams’’, and ‘‘a retreat or conference’’ for ‘‘retreats and conferences’’. Subsec. (c). Pub. L. 117–263, § 571(a)(3), added subsec. (c) and struck out former subsec. (c) which defined ‘‘im- mediate family members’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–136, div. A, title V, § 582(b), Nov. 24, 2003, 117 Stat. 1490, provided that: ‘‘Section 1789 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2003.’’ § 1790. Military personnel citizenship processing Using funds provided for operation and main- tenance and notwithstanding section 2215 of this title, the Secretary of Defense may reimburse the Secretary of Homeland Security for costs as- sociated with the processing and adjudication by the United States Citizenship and Immigration Services (USCIS) of applications for naturaliza- tion described in sections 328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1439(b)(4) and 1440(b)(4)). Such reimburse- ments shall be deposited and remain available as provided by subsections (m) and (n) of section 286 of such Act (8 U.S.C. 1356). Such reimburse- ments shall be based on actual costs incurred by USCIS for processing applications for natu- ralization, and shall not exceed $7,500,000 per fis- cal year. (Added Pub. L. 112–74, div. A, title VIII, § 8070(a), Dec. 23,

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1356 — Disposition of moneys collected under the

Page 431 TITLE 8—ALIENS AND NATIONALITY § 1356 Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. See sec- tions 509 and 510 of Title 28, Judiciary and Judicial Pro- cedure. § 1354. Applicability to members of the Armed Forces (a) Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or af- fect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uni- form of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter. (b) If a person lawfully admitted for perma- nent residence is the spouse or child of a mem- ber of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the mem- ber’s official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical pres- ence

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1439 — Naturalization through service in the armed forces

**(a) Requirements** A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person’s application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service. **(b) Exceptions** A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that— (1) no residence within a State or district of the Service in the United States shall be required; (2) notwithstanding [section 1429 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1429&num=0&edition=prelim) insofar as it relates to deportability, such applicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service; (3) the applicant shall furnish to the Secretary of Homeland Security, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing t

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1439 — Naturalization through service in the

Page 502 TITLE 8—ALIENS AND NATIONALITY § 1439 naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such naturalization, the status of a native-born, or naturalized, citizen of the United States, whichever status existed in the case of such person prior to the loss of citi- zenship: Provided, That nothing contained here- in, or in any other provision of law, shall be con- strued as conferring United States citizenship retroactively upon any such person during any period in which such person was not a citizen. (d) Span of World War II For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939, and to have terminated on September 2, 1945. (e) Inapplicability to certain persons This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States. (June 27, 1952, ch. 477, title III, ch. 2, § 327, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(d)(7), Nov. 29, 1990, 104 Stat. 5042.) Editorial Notes REFERENCES IN TEXT Section 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to section 723 of this title, was repealed by section 403(a)(42) of act June 27, 1952. See subsec. (a) of this section. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘the At- torney General or before a court described in section 1421(b) of this title’’ for ‘‘any naturalization court spec- ified in section 1421(a) of this title’’ and inserted ‘‘and by the Attorney General to the Secretary of State’’ be- fore period at end. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIO

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